Disposed

Smt. Manju Saini Wife of Shri Rajendra Saini v. Suresh Sharma Son of Shri Shravan Kumar Sharma

Rajasthan HC6 May 2024CW/4270/2024

Case brief

AI extract

What is this about?

Petitioner challenged orders upholding a status quo direction while her temporary injunction application remained undecided. The High Court disposed of the writ petition directing the trial court to decide the Order 39 Rule 1 CPC application within three months, independently and uninfluenced by earlier observations.

What did the court decide?

Trial court directed to decide temporary injunction application within three months, independently on the record.

Smt. Manju Saini Wife of Shri Rajendra Saini Vs Suresh… — Property and Title | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4270/2024

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Smt. Manju Saini Wife Of Shri Rajendra Saini, Aged About 26 Years, Resident Of Nangla Daulatpura, Post Ballabhgarh, Tehsil Bhusawar, District Bharatur Rajasthan At Present Resident Of Plot No. 25, Govind Vihar A, Gram Kaushayawala, Tehsil Sanganer, District Jaipur.

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----Petitioner

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Versus

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Suresh Sharma Son Of Shri Shravan Kumar Sharma, Aged About 40 Years, Resident Of Gram Keshyawala, Tehsil Sanganer, District Jaipur.

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----Respondent

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For Petitioner(s)	: Ms.	Nirmala Kushwah
	Mr.	Ram Niwas Saini
For Respondent(s)	:

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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06/05/2024

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Aggrieved by the order dated 04.04.2023, passed by the Additional Civil Judge-cum-Metropolitan, Magistrate No.18, Jaipur Metropolitan-I, Sanganer, the petitioner submitted a Civil Miscellaneous Appeal before the Court of Additional District Judge No.10, Jaipur Metropolitan-I (Head Quarter Sanganer). However, the appeal was rejected vide order dated 01.02.2024 and the order dated 04.04.2023, passed by the Additional Civil Judge, was upheld.

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While passing the order dated 04.04.2023, the Trial Court, directed the parties to maintain status quo, while granting time to

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[CW-4270/2024]

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(2 of 2)

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the defendant-respondent for filing reply to the temporary injunction application filed by the plaintiff.

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Since, the matter is still subjudice before the Court of Additional Civil Judge and the application filed by the plaintiff under Order 39 Rule 1 CPC is pending for adjudication. In the considered opinion of this Court, the trial Court is supposed to decide the said temporary injunction application expeditiously as early as possible preferably within three months from the date of receipt of certified copy of this order after taking into consideration the arguments of both the sides and after affording due opportunity of hearing to them. Looking to the urgency of the matter it is expected from the trial Court to decide the main temporary injunction application expeditiously as early as possible 4. The writ petition stands disposed of.

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Stay application and all pending application(s), if any, also stands disposed of.

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Before parting with the order it is made clear that the trial Court would decide the application independently on the basis of the material available on the record without being influenced by any of the observation made in the orders dated 04.04.2023 and 22.02.2022.

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(ANOOP KUMAR DHAND),J

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DIKSHA MISHRA /34

Smt. Manju Saini Wife of Shri Rajendra Saini v. Suresh Sharma Son of Shri Shravan Kumar Sharma

Case brief

What is this about?

What did the court decide?

Smt. Manju Saini Wife of Shri Rajendra Saini v. Suresh Sharma Son of Shri Shravan Kumar Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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